HomeMy WebLinkAbout92-102 - Vacation and Abandonment of Spyglass RidgeRESOLUTION NO. 92 -102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT
• OF REEF VIEW CIRCLE, HARBOR CREST CIRCLE, CASTLE
COVE CIRCLE, BAY CLIFF CIRCLE, SEA BELL CIRCLE AND
A PORTION OF OCEAN BIRCH DRIVE AND SPY GLASS HILL
ROAD IN TRACT NO. 7247 (SPYGLASS RIDGE); DIRECTING
THE CITY CLERK TO RECORD SAID RESOLUTION WITH THE
ORANGE COUNTY RECORDER
WHEREAS, the Public Works Director of the City of Newport
Beach has presented to the City Council of the City of Newport
Beach that certain legal description and map, a copy of which is
attached hereto as Exhibit "A" and "B" and incorporated herein by
reference, which depicts the following streets located in Tract No.
7247, proposed to be vacated: Reef View Circle, Harbor Crest
Circle, Castle Cove Circle, Bay Cliff Circle, Sea Bell Circle and
a portion of Ocean Birch drive and Spy Glass Hill Road (hereinafter
referred to as "STREETS "), and
WHEREAS, on July 27, 1992, the City Council adopted Resolution
No. 92 -80, declaring the City's intention to vacate STREETS, and
thereby set August 24, 1992 as the date of public hearing to
receive testimony from all persons interested in, or objecting to,
the proposed vacation of STREETS; and
WHEREAS, on August 24, 1992, the City Council postponed the
public hearing until September 28, 1992 as the date of public
hearing to receive testimony from all persons interested in, or
objecting to, the proposed vacation of STREETS; and
WHEREAS, the streets to be vacated do not connect to any other
public streets except for San Joaquin Hills Road, are not proposed
for extension pursuant to the City's Circulation Element and there
is no public property for which the sole means of access are the
streets to be vacated; and
WHEREAS, the City Council of the City of Newport Beach has
approved and adopted said map and legal description and directed
the City Clerk to file same in proceedings for the vacation of
STREETS; and
•
WHEREAS,
the City of Newport Beach has fully
complied with the
provisions of
the Public Streets,
Highways and
service Easement
Vacation law
(Streets and Highway
Code §8300,
et.seq.) in the
processing of
the proposed vacation
of STREETS;
and
1
•
•
WHEREAS, subject to the conditions of vacation set forth
below, the City Council finds, from all of the evidence submitted,
that STREETS are unnecessary to present or prospective public use.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Newport Beach that STREETS as described in exhibit "A" and
depicted on City's Map No. R /W- 5531 -L, a copy of which is attached
hereto as Exhibit "B ", be vacated subject to the satisfaction of
the conditions set forth below:
BE IT FURTHER RESOLVED that the vacation of STREETS is
conditioned upon the satisfaction and /or completion of the
following:
1. That the Spyglass Ridge Community Association enter into an
agreement with the City of Newport Beach, approved as to
form and content by the City Manager and City Attorney,
pursuant to which the Association agrees to:
(a) Maintain a policy of insurance, with the City and
members of the Association as additional named
insureds, that provides comprehensive general liability
coverage in the sum of Five Million Dollars, with
respect to any loss, damage or injury, which arises out
of, or is in anyway related to, the approval of this
Resolution of Vacation, or the use or existence of the
streets subsequent to recordation of this Resolution of
Vacation.
(b) Indemnify, hold harmless, and defend the City of
Newport Beach and members of the Association with
respect to any loss, or injury that arises out of, or
is in any way related to the approval of this
Resolution of Vacation or the use or existence of the
streets subsequent to recordation of this Resolution.
(c) Maintain STREETS in good condition and repair.
(d) Obtain an approval of an encroachment permit and /or
non - standard improvement agreement from the City
through the Public Works Department for the design and
installation of a guard gate or gates on Spy Glass Hill
Road and /or Ocean Birch Drive.
(e) Maintain the sound attenuation wall located within the
Ocean Birch right -of -way adjacent to the San Joaquin
Hills Road right -of -way. The insurance and
indemnification requirements of subsections (a) and (b)
shall apply to the sound attenuation wall;
(f) Obtain an encroachment permit and /or non - standard
improvement agreement from the Public Works Department
prior to performing any work in the streets that might
adversely affect public facilities such as the
installation of speed humps or bumps.
OA
is
2. The City hereby reserves, and excepts from, this vacation,
an easement over STREETS for the purpose of providing public
services such as police, fire, trash and other Municipal
services;
3. The City reserves, and excepts from the vacation, an
easement and right, at any time, or from time to time, to
construct, maintain, operate, replace, remove and renew,
sanitary sewers, water lines, storm drains and all pertinent
structures in, upon, over, and across STREETS, and pursuant
to any existing franchise or renewals thereof, or otherwise,
to construct, maintain, operate, replace, remove, renew, or
enlarge lines of pipe, conduit, cable, wires, poles and
other convenient structures, equipment, fixtures for the
operation of gas pipelines, telegraphic and telephone lines,
cable TV lines, street lighting facilities, and the
transportation or distribution of electric energy or water,
and for incidental or related purposes in, upon and over
STREETS;
BE IT FURTHER RESOLVED that the City Clerk be and hereby is
ordered to cause a certified copy of this Resolution and
attachments to be recorded in the office of the County Recorder of
the County of Orange, after such time that all conditions imposed
upon the vacation are satisfied.
Adopted this 28th day of September ,1992
DICK \RES0LUTI.ONS \V- TR7247.RES
3
(g) Enter into
a binding agreement with the owner of the
property, commonly
known as 3841 Ocean Birch Drive.
The agreement
shall provide for conveyance, to the
Association
immediately upon recordation of this
Resolution
of Vacation, of the street right -of -way
adjacent to
and contiguous with the property at 3841
Ocean Birch
Drive. The deed shall be presented for
.
recordation
Vacation.
concurrently with this Resolution of
is
2. The City hereby reserves, and excepts from, this vacation,
an easement over STREETS for the purpose of providing public
services such as police, fire, trash and other Municipal
services;
3. The City reserves, and excepts from the vacation, an
easement and right, at any time, or from time to time, to
construct, maintain, operate, replace, remove and renew,
sanitary sewers, water lines, storm drains and all pertinent
structures in, upon, over, and across STREETS, and pursuant
to any existing franchise or renewals thereof, or otherwise,
to construct, maintain, operate, replace, remove, renew, or
enlarge lines of pipe, conduit, cable, wires, poles and
other convenient structures, equipment, fixtures for the
operation of gas pipelines, telegraphic and telephone lines,
cable TV lines, street lighting facilities, and the
transportation or distribution of electric energy or water,
and for incidental or related purposes in, upon and over
STREETS;
BE IT FURTHER RESOLVED that the City Clerk be and hereby is
ordered to cause a certified copy of this Resolution and
attachments to be recorded in the office of the County Recorder of
the County of Orange, after such time that all conditions imposed
upon the vacation are satisfied.
Adopted this 28th day of September ,1992
DICK \RES0LUTI.ONS \V- TR7247.RES
3
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u
Sheet 4 of 5
EXHIBIT "A"
Those certain streets in the City of Newport Beach, County of
Orange, State of California, shown as Ocean Birch, Reef View
Circle, Harbor Crest Circle, Castle Cove Circle, Bay Cliff Circle,
Sea Bell Circle and a portion of Spy Glass Hill Road on map of
Tract No. 7247 filed in Book 278, Pages 21 through 25 inclusive of
Miscellaneous Maps in the office of the County Recorder of said
County.
RESERVING THEREFROM, a strip of land, 2.00 feet wide, described as
follows:
The northerly 2.00 feet of Ocean Birch Drive, 66.00 feet, as
shown on said map.
The southerly line of said strip shall be bounded westerly by
the easterly line of Lot 1 of said Tract No. 7247 and bounded
easterly by the westerly line of Lot 40 of said tract.
ALSO RESERVING THEREFROM, a portion of said Spy Glass Hill Road
described as follows:
Beginning at the northeasterly corner of that vacated portion
of Spy Glass Hill Road as shown on Parcel Map No. 87 -450 filed in
Book 240, Pages 31 and 32 of Parcel Maps in the office of said
County Recorder; thence along the northerly line of said vacated
portion of Spy Glass Hill Road S 86 °59130" W to a line parallel
with and 15.00 feet westerly from the easterly line of said Spy
Glass Hill Road; thence along said parallel line N 01 °03100" W
129.26 feet; thence N 88 °57100" W 69.00 feet to the westerly line
of said Spy Glass Hill Road; thence along said westerly line
N 01003100" W 35.00 feet to the beginning of a curve concave
southwesterly and having a radius of 25.00 feet; thence northerly
and northwesterly along said curve, through a central angle of
98 °1610111, an arc length of 42.88 feet; thence easterly in a direct
line to the easterly terminus of that certain curve concave
southeasterly and having a radius of 25.00 feet, as shown on said
map of Tract No. 7247, said curve being in the easterly boundary of
said tract; thence westerly and southwesterly along said curve,
through a central angle of 81 °5412011, an arc length of 35.74 feet;
thence continuing along said boundary S 01 °03100" E 183.29 feet to
the Point of Beginning.
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EXHIBIT "B"
PUBLIC STREETS TO BE CONVERTED
TO PRIVATE STREETS
I VACATION OF PUBLIC STREETS FOR
CONVERSION TO PRIVATE STREETS
Sheet 5 of 5
8 -12 -92
DWG. NO.
R /W- 5531 —L